Compulsory Purchase
Public authorities have the power to compulsorily acquire
property to facilitate land to be developed, redeveloped or
improved. These compulsory purchase powers are important to
local authorities and other public bodies as a means of assembling
the land required to deliver schemes that provide a public
benefit, such as transport improvements and regeneration.
A Compulsory Purchase Order (CPO) is 'made' by the acquiring
authority and
submitted to the appropriate Secretary of State. Notification
of the Order is served on all those having an interest in
the land.
If the objections are not withdrawn a Public Inquiry will
be held. This is open to the public and, at the Inspector's
discretion, it may be possible for those not having a direct
interest in the Order to be heard. An Inquiry will not be
held if there are no objections.
Following any Inquiry the Secretary of State will issue his
decision. This can either be that he confirms the Order, or
confirms the Order with modification (eg he may direct that
some of the properties are taken out of the Order), or does
not confirm the Order.
If the Order is confirmed the acquiring authority will then
be in a position to commence the process to acquire the interest(s)
in the property and take possession.
Those having an interest in land will be compensated for the
loss of their property. The rules of compensation are complex
but as a general principle no occupier should be worse off
as a result of their property being compulsorily purchased.
Bowyer Bryce can provide advice on making representations
that an Order should be modified or not confirmed. Our professionally
qualified surveyors can also provide Expert evidence at a
Public Inquiry and, if necessary, negotiate the heads of claim
for compensation.
Recent appointments have included instructions to represent
occupiers affected by the Emirates Stadium development and improvement works to the North Circular Road through
Edmonton and Finchley in North London and to the A1 in Hertfordshire.
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